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NYS Vehicle & Trac Law

Excerpts

Distracted Driving, Talking & Texting

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Contents

Article 33 Miscellaneous Rules

Section 1225-c. Use of mobile telephones.
Section 1225-d. Use of portable electronic devices.

1225-c. Use of mobile telephones.

1. For purposes of this section, the following terms shall

mean:

(a) "Mobile telephone" shall mean the device used by

subscribers and other users of wireless telephone service to
access such service.

(b) "Wireless telephone service" shall mean two-way real time

voice telecommunications service that is interconnected to a
public switched telephone network and is provided by a
commercial mobile radio service, as such term is defined by
47 C.F.R. 20.3.

(c) "Using" shall mean (i) holding a mobile telephone to, or in

the immediate proximity of, the user's ear; and (ii) with
respect to a person operating a commercial motor vehicle,
holding a mobile telephone to, or in the immediate proximity
of, the user's ear, or dialing or answering a mobile telephone
by pressing more than a single button, or reaching for a
mobile telephone in a manner that requires such person to
maneuver so that he or she is no longer in a seated driving
position, restrained by a seat belt that is installed in
accordance with section 393.93 of title 49 of the code of
federal regulations and adjusted in accordance with the
vehicle manufacturer's instructions.

(d) "Hand-held mobile telephone" shall mean a mobile

telephone with which a user engages in a call using at least
one hand.

(e) "Hands-free mobile telephone" shall mean a mobile

telephone that has an internal feature or function, or that is
equipped with an attachment or addition, whether or not
permanently part of such mobile telephone, by which a user
engages in a call without the use of either hand, whether or
not the use of either hand is necessary to activate, deactivate
or initiate a function of such telephone. Provided, however,
that for purposes of this section, a mobile telephone used by a
person operating a commercial motor vehicle shall not be
deemed a "hands-free mobile telephone" when such person
dials or answers such mobile telephone by pressing more than
a single button.

(f) "Engage in a call" shall mean talking into or listening on a

hand-held mobile telephone, but shall not include holding a
mobile telephone to activate, deactivate or initiate a function
of such telephone.

(g) "Immediate proximity" shall mean that distance as permits

the operator of a mobile telephone to hear
telecommunications transmitted over such mobile telephone,
but shall not require physical contact with such operator's ear.

(h) "Commercial motor vehicle" shall have the same meaning

as such term is defined by subdivision four-a of section two of
the transportation law.

(i) "Motor carrier" shall have the same meaning as such term
is defined by subdivision seventeen of section two of the
transportation law.

2. (a) Except as otherwise provided in this section, no person

shall operate a motor vehicle upon a public highway while
using a mobile telephone to engage in a call while such
vehicle is in motion; provided, however, that no person shall
operate a commercial motor vehicle while using a mobile
telephone to engage in a call on a public highway including
while temporarily stationary because of traffic, a traffic
control device, or other momentary delays. Provided further,
however, that a person shall not be deemed to be operating a
commercial motor vehicle while using a mobile telephone to
engage in a call on a public highway when such vehicle is
stopped at the side of, or off, a public highway in a location
where such vehicle is not otherwise prohibited from stopping
by law, rule, regulation or any lawful order or direction of a
police officer.

(b) An operator of any motor vehicle who holds a mobile

telephone to, or in the immediate proximity of, his or her ear
while such vehicle is in motion is presumed to be engaging in
a call within the meaning of this section; provided, however,
that an operator of a commercial motor vehicle who holds a
mobile telephone to, or in the immediate proximity of, his or
her ear while such vehicle is temporarily stationary because of
traffic, a traffic control device, or other momentary delays is
also presumed to be engaging in a call within the meaning of
this section except that a person operating a commercial
motor vehicle while using a mobile telephone to engage in a
call when such vehicle is stopped at the side of, or off, a
public highway in a location where such vehicle is not
otherwise prohibited from stopping by law, rule, regulation or
any lawful order or direction of a police officer shall not be
presumed to be engaging in a call within the meaning of this
section. The presumption established by this subdivision is
rebuttable by evidence tending to show that the operator was
not engaged in a call.

(c) The provisions of this section shall not be construed as

authorizing the seizure or forfeiture of a mobile telephone,
unless otherwise provided by law.

(d) No motor carrier shall allow or require its drivers to use a

hand-held mobile telephone while operating a commercial
motor vehicle as provided in this section.

3. Subdivision two of this section shall not apply to (a) the use
of a mobile telephone for the sole purpose of communicating
with any of the following regarding an emergency situation:
an emergency response operator; a hospital, physician's office
or health clinic; an ambulance company or corps; a fire
department, district or company; or a police department, (b)
any of the following persons while in the performance of their
official duties: a police officer or peace officer; a member of a
fire department, district or company; or the operator of an
authorized emergency vehicle as defined in section one
hundred one of this chapter, or (c) the use of a hands-free
mobile telephone.

4. A violation of subdivision two of this section shall be a

traffic infraction and shall be punishable by a fine of not less
than fifty dollars nor more than two hundred dollars upon
conviction of a first violation; upon conviction of a second
violation, both of which were committed within a period of
eighteen months, such violation shall be punished by a fine of
not less than fifty dollars nor more than two hundred fifty
dollars; upon conviction of a third or subsequent violation, all
of which were committed within a period of eighteen months,
such violation shall be punished by a fine of not less than fifty
dollars nor more than four hundred fifty dollars.

1225-d. Use of portable electronic devices.

1. Except as otherwise provided in this section, no person

shall operate a motor vehicle while using any portable
electronic device while such vehicle is in motion; provided,
however, that no person shall operate a commercial motor
vehicle while using any portable electronic device on a public
highway including while temporarily stationary because of
traffic, a traffic control device, or other momentary delays.
Provided further, however, that a person shall not be deemed
to be operating a commercial motor vehicle while using a
portable electronic device on a public highway when such
vehicle is stopped at the side of, or off, a public highway in a
location where such vehicle is not otherwise prohibited from
stopping by law, rule, regulation or any lawful order or
direction of a police officer.

1-a. No motor carrier shall allow or require its drivers to use a

portable electronic device while operating a commercial
motor vehicle as provided in this section.

2. For the purposes of this section, the following terms shall

have the following meanings:

(a) "Portable electronic device" shall mean any hand-held

mobile telephone, as defined by subdivision one of section
twelve hundred twenty-five-c of this article, personal digital
assistant (PDA), handheld device with mobile data access,
laptop computer, pager, broadband personal communication
device, two-way messaging device, electronic game, or
portable computing device, or any other electronic device
when used to input, write, send, receive, or read text for
present or future communication.

(b) "Using" shall mean holding a portable electronic device

while viewing, taking or transmitting images, playing games,
or, for the purpose of present or future communication:
performing a command or request to access a world wide web
page, composing, sending, reading, viewing, accessing,
browsing, transmitting, saving or retrieving e-mail, text
messages, instant messages, or other electronic data.

(c) "Commercial motor vehicle" shall have the same meaning

as such term is defined by subdivision four-a of section two of
the transportation law.

(d) "Motor carrier" shall have the same meaning as such term
is defined by subdivision seventeen of section two of the
transportation law.